The Contested Legacy of the Fourteenth Modification – Regulation & Liberty Editors

The Fourteenth Modification has confirmed to be one of the vital tough components of the Structure to interpret. For over a century, controversy has swirled over how precisely the Due Course of, Privileges and Immunities, and Equal Safety clauses restrict the insurance policies of states. That uncertainty hasn’t stopped the Supreme Court docket from viewing it as one of the vital sweeping and transformative amendments. Randy Barnett and Evan Bernick have not too long ago written an essential new ebook on the Modification, arguing that whereas the Court docket has largely gotten the unique that means of the Modification mistaken, it has however stumbled into many appropriate outcomes. We requested 4 Regulation & Liberty contributors to weigh in on their interpretation.

“Regulation,” “Residents,” and 1868

Christopher R. Inexperienced

A Radical Authentic That means

Julia D. Mahoney

One other Authentic That means of the Fourteenth Modification

Jesse R. Merriam

From Comity to Equality

Ilan Wurman


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